sentencing. In his novel‚ The Stranger‚ Albert Camus uses the courtroom as a symbol to represent society that judges the main character‚ Meursalt‚ unfairly to illustrate how society forms opinions based on one’s past. Meursalt faces a jury and a tough prosecutor when he is on trial‚ and they all try to form an opinion on Meursalt based on what he has done before killing the Arab man. The director of the funeral home testifies that Meursalt shows no emotion towards his mother’s death‚ and that he “hadn’t
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Nuts-and-Bolts of Evidence Week #2. Jacob Atkinson CJAD405 3. What is the role of the prosecutor in handling evidence at trial? The role of the judge? The role of the jury? What is meant by the statement‚ “the burden of proof of guilt in a criminal case is on the prosecution throughout the trial”? Prosecutor- The prosecutor must determine what evidence needs to be introduced‚ but also how that evidence is produced and consider the appropriate time in which to display evidence throughout
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looking at them when in fact I was thinking about what the defense/prosecution were talking about and how I was to respond when there was an objection. As well‚ while Prosecutor M.Warren was argueing/badgering the witness‚ I was waiting for one of the defensive lawyers to object. They did object‚ but by the time they did the prosecutor was already in her seat and had finished. I had no other choice but to tell the lawyer‚ E.Moyer‚ “Too bad‚ you objected to late.” It was hilarious‚ but I felt bad. The
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Criminal Defense Case Most people are aware of process to convict a criminal defendant. The prosecutor must prove “beyond a reasonable doubt” that the defendant is guilty of the crime in question‚ and that the accused is not required by law to present the court with any evidence‚ or prove he or she is innocent. Under the United States Constitution’s Fifth Amendment‚ a criminal defendant is not compelled to state under oath against himself. However‚ in some criminal trials‚ the defendant wants
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through the evidence‚ investigations by court‚ the screening process‚ and Prosecutor the truth will evolve. The court plays an active role in determining the facts of a case and the conducts of the trial (Reichel‚ P.‚ 2013‚ p.170). The judge is in charge of gathering the evidence‚ calling on the witness‚ questioning the witness‚ and the overall process and preparation . He or She is able to call on any witness while the Prosecutor and defense parties can ask follow up questions. In some cases‚ the judge
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carried out and that the premise of probable cause is not dismissed for some of the more serious offenses. Although highly controlled by the prosecution‚ the Grand Jury is not to be tampered with or manipulated by the prosecution. Any attempt by the prosecutor to manipulate or malfeasance in the judicial system should be reported by the Grand Jury (Johnston‚ 1974‚ p. 160). It is this manipulation of this asset that can turn the Grand Jury into a (tool) for the prosecution instead of a patriot for justice
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called “The Innocence Project” where a DNA test had been requested therefore proving beyond reasonable doubt that Mr. Morton was not his wife’s killer”. (NY Times-2011) Now‚ to address the question of “what did the prosecutor do wrong and how does immunity protect the prosecutor from the consequences of his/her misconduct? As for the
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meet the legal criteria to charge her for cyber-stalking or cyber-harassment. What Drew did was horrible and as an adult she needs to bear responsibility for her actions. But is using CFAA as a means to hold her responsible the right course? The prosecutor found another avenue to punish Drew since there wasn’t a way legally through cyber-bullying. The case that United States of America brought against Drew using CFAA was based upon wording within CFAA in specific "unauthorized" and how the breach
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controlled substance occurs whenever a person knowingly and intentionally has control of an illegal drug. The prosecution must show that the accused knew that the drugs were illegal. However‚ prosecutors only have to show that the accused knew the drugs were present and intended to use or control them. Prosecutors can show this from the circumstances of the case‚ and they do not need to have actual statements from the accused or evidence that the accused ever actually used the drugs. Possession. Possession
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I do believe that there are instances where plea bargaining can be an effective tool in the criminal justice system‚ however‚ as it stands‚ the overuse of the plea bargain by prosecutors has diminished it’s potential worth as a true bargaining tool by their flagrant daily misuse. While it is understood that the case load for the courts is overwhelmed and an alternative method of securing some form of justice is needed to alleviate the overrun system‚ the use of the plea bargain to alleviate the
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